Award of Monetary Compensation for Intangible Damage with Special Reference to Defamation under Islamic and Pakistan Law.
Hafiz Ghulam Abbas, Muhammad Asad, Naseem Razi
Published Online: December 2019
This paper examines the controversy among modern Islamic jurists whether in case of any intangible damages (especially defamation), any monetary compensation (solatium) under Islamic law (Sharīʿah) can be extended or not. It also evaluates the method used for measurement of monetary compensation for intangible damage by Pakistani courts. Further, whether monetary compensation awarded for intangible damage is legal, just, fair and reasonable. It finds that majority of modern Islamic scholars consider the award and claim of the monetary compensation for intangible damage as legal. It also, in Pakistan’s perspective, finds that; (i) there is no yardstick or definite principle for measuring compensation, (ii) compensation awarded is valid, but generally not just, fair and reasonable, (iii) discretion used by the courts to award compensation seems subjective and, (iv) harmony lacks between the amount of compensation claimed by the victims, and that awarded by the courts. It concludes that courts should formulate viable principles in this regard.
Monetary compensation, Intangible damage, Defamation, Mental torture, Islamic law, Pakistan law, Tort.